Last week a judge put a temporary ban on the sale of RealNetworks' DVD backup program RealDVD, claiming that it violated the DMCA. The court has decided to uphold the ban indefinitely, and judging by the tone and nature of the judge's statements, it doesn't sound like they'll ever change their mind.

The arguments centered around fair use: Real claimed that making a bit-for-bit copy of the film, which is what their software did, falls under that umbrella. The studios claim that fair use does not include decoding a movie from any media besides the original DVD — something what RealDVD enables. Far from the legal victory or even protracted, public battle that Real was hoping for, the decision will likely hold into the foreseeable future. [Wired Threat Level]

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